Supreme Court Confirms Fine for Doosan Construction, Subcontractor in Fatal Accident at Subcontracted Construction Site

Dosan Construction Headquarters, Nonhyeon-dong, Gangnam-gu, Seoul [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Doosan Construction, the subcontractor, has been sentenced to a fine in connection with a worker's death during construction work in Seongnam City, Gyeonggi Province, in 2015.

On the 6th, the Supreme Court's 3rd Division (Presiding Justice No Taeak) announced that it upheld the original ruling that sentenced Doosan Construction to a fine of 7 million KRW in the appeal trial for charges including violation of the Industrial Safety and Health Act.

Doosan Construction was commissioned by the Korea Railroad Corporation to carry out construction work in Seongnam City and subcontracted it to several companies. However, as accidents resulting in workers' deaths occurred repeatedly at the construction site, Doosan Construction was prosecuted for failing to take necessary safety measures as the business owner.

During the trial, Doosan Construction argued, "Under the Industrial Safety and Health Act, for the principal contractor to be obligated to take safety measures at the subcontractor's site, the principal and subcontractor must work at the same site," and "Since Doosan Construction employees were not working together at the time, the obligation to impose safety measures does not apply."

However, the first trial court found Doosan Construction guilty and sentenced it to a fine of 7 million KRW. The court at the time pointed out, "Doosan Construction was responsible for the construction work as a joint contractor," and "Although it subcontracted to other companies, it managed the overall construction by receiving detailed progress reports and giving instructions." Doosan Construction appealed, but the second trial also dismissed the appeal, stating, "The construction was carried out under Doosan Construction's management."

The Supreme Court also agreed with this judgment. The court stated, "The lower court did not err in its legal interpretation regarding the violation of safety obligations under the Industrial Safety and Health Act for subcontracted projects," and dismissed all appeals.

This content was produced with the assistance of AI translation services.